IN THE MATTER OF EUGSTER’S PATENT

175 ',101. XLI.] REPORTS O~' PATENT, DESIGN, AND TRADE MARK CASES [No.5 In the Matter oj Euqster's Patent. IN THE HIGH COURT OF JUSTICB.--CHANCERY DIVISION. Before MR. JUSTICE ASTBURY. December 14th, 1923. IN THE 5 MATTER OF E,UGSTER'S PATENT. Patent.~Application for extension by Originating Summons.-Los8 due to hostilities.-Patent having expired.-Four years' extension gra,nted.-Terms.Patents and Designs Acts, 1007 and 19 Section 18, Subsection (6). 119, 10 ]5 20 25 Letters Patent (No. 24,576* of 19(7), dated the Gth of November, 1907, were granted to Oscar Louis Eugster in respect of an invention, of " Improvements "in Porcelain-lined Syphon, Heads." On the Bl st of May, 1H~.3, the Grantee' and The British Syphon .Alanufacturing 00. Ld. applied by Originating Summons (amended the 26,t,h of July, .100'3) fdr an. extension of the term of the. Patent. Affidavits in support of the Application were made by the Applicant, Oscar Louis Eugster, fVilliatn Trervenna Williams Ldris (a Director or Idrie &; 00. Ld.) and Brian Kem-p lFelch (Managing Director of Schweppes Ld.) from which, it appeared (inter aUa) that Oscar Louis Euqster was the registered proprietor of the Patent and Managing Director and Engineer of The British Syphon Manufacturing 00. Ld., who since 1913 had been the beneficial owners of the Patent; that prior to the: date of the Patent most. of the porcelain-lined syphons used in this country had been imported from abroad, but that the ut1ilit,y of the patented invention had been such as to crush foreignccrnpetition.: that in 1908 the sales of the patented article had amounted to 130,200 and in 1913 they had risen to 450,000; that. the: sales had dropped very considerably during the war being as low as 2,2,600 in 1917; that from 'the outbreak of war until 19119 the Applicant, O. L. Eugster had. served with H.M. Forces and that his absence from the work of The British Syphon Ma,nufacturing Co. Ld. had contributed to tho decrease of sales during the war. J. Whitehea,d K.C. and J. M. McEwen (instructed by Neve, Beck and Kirby) appeared for the Applicants ; Dighton Pollock (instructed by the Solicitor to the 30 Board of Trade) appeared for the Com-piroller-General. Whitehead K.C., for the Applicants, stated 'the facts and asked for an, extension of four years. ASTBURY J.-Are you satdsfied on the evidence that four years is right, Mr.. Pollock? 35 Pollock.-I think four years is right, my Lord. J.-VelJ7 well. ., . TiFhitehead K.C.-The Patent has. just expired, so there WlII be the usual in such a case, ASTBURY J.--Yes. ASTBURY i . . PfOVlS10ns  (...truncated)